HomeMy WebLinkAboutOrdinance #1786 ORDINANCE NO. 1786
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY REPEALING ARTICLE 973 IN ITS ENTIRETY AND
ADDING NEW ARTICLE 973 ENTITLED, "MISCELLANEOUS
PROVISIONS"
The City Council of the City of Huntington Beach does ordain
as follows :
SECTION 1 . Article 973 of the Huntington Beach Ordinance
Code is hereby repealed.
SECTION 2 . The Huntington Beach Ordinance Code is hereby
amended by adding thereto new Article 973, entitled, "Miscel-
laneous Provisions" to read as follows :
ARTICLE 973
MISCELLANEOUS PROVISIONS
9730 . HEIGHT LIMITATIONS . EXCEPTIONS . Height limita-
tions as specified for each district shall not be deemed to
regulate the height of chimneys , cooling towers , flagpoles ,
scenery lofts , water tanks , ornamental towers , spires , domes ,
cupolas , oil well derricks , parapet walls not exceeding four
(4) feet in height, rooftop mechanical equipment , public
utility facilities , structures and necessary mechanical ap-
purtenances such as boiler frame work, turbines and generators
and related mechanical appurtenances , transmission towers ,
or other similar appurtenances not designed for habitation .
9730 . 1 . EXEMPTED USES . Except community facilities and
civic district structures which are subject to review by the
Design Review Board, the limitations of Division 9 shall not
be deemed to prohibit within any district any of the following
uses :
(a) Public buildings owned by the city and the customary
uses of such buildings .
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(b ) Public schools including usual and customary facilities
in connection therewith.
(c) Public parks including recreation, storage and service
buildings appurtenant to said park and used in connection there-
with.
(d) Commercial enterprises, concessions or amusements
operated for gain which are incidental to a park .
9730 . 2 . RIGHTS OF WAY DEDICATION REQUIRED. Prior to issuance
of a building permit , or prior to the use of land for any purpose ,
the highway, street, or alley right of way shall be dedicated to
or vested in the City of Huntington Beach, except the following:
(a) Agricultural uses except that street dedication shall
be required where the agricultural use is of an industrial nature
or where processing is a major portion of the operation.
(b ) Interior building alterations that do not exceed one-
third (1/3 ) the value of a building, provided that said alter-
ation does not change the occupancy of the building, as defined
in the Uniform Building Code .
(c) Exterior building alterations or additions for a
residential use that do not exceed one-third (1/3) the value of
the building, as defined by the Uniform Building Code , and do
not add any additional residential units .
(d) Fences and walls .
(e) Any structures not exceeding forty-two (42 ) inches
in height .
(f) Temporary uses as described in this article .
9730 . 3 . DEDICATION DETERMINANTS . Right of way dedication
shall b'e to a width determined by any of the following, which-
ever is greater :
(a) The current Master Plan of Arterial Streets and High-
ways .
(b ) An approved precise plan of street , highway or alley
alignment .
(c) Department of Public Works standards or requirements .
9730 . 4 . USE ABUTTING HIGHWAY, STREET OR ALLEY. INSTAL-
LATION OF IMPROVEMENTS . No certificate of occupancy shall be
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issued by the Building Department until the abutting highway ,
street , or alley right of way has been improved to the center
line of such right of way . Said improvements shall include
curbs , gutters , sidewalks , paving, street trees , street lights ,
street signs , street drainage and sewer and water main exten-
sions in full compliance with the City of Huntington Beach
street standards and requirements .
9730 . 5 . RIGHT OF WAY DEDICATION FOR OIL OPERATION SITES .
Right of way dedication for oil operation sites shall comply
with all the requirements of Article 968 .
9730 .6 . INSTALLATION OF IMPROVEMENTS . EXCEPTIONS . The
requirements set out in Section 9730 . 4 shall not apply in the
following instances :
(a) Where a detached single-family dwelling is constructed
on a lot abutting an arterial highway , street improvements on
said arterial highway shall include curb , gutter, sidewalk,
street trees and street lights , sewer and water main extensions ,
and ten (10 ) feet of street paving to Department of Public
Works requirements . Further, temporary paving shall be installed
to join existing street improvements . EXCEPTION: homes con-
structed as a part of a subdivision shall comply with require-
ments contained in Chapter 99 of this code .
(b) Where practical difficulties arise , a request may be
made to the Director of Public Works, requesting permission to
install improvements at a later date . The request , stating
reasons therefor, shall be in writing. If, in the opinion of
the Director of Public Works , a practical difficulty exists ,
he may approve the request provided :
(1) An agreement is entered into with the city agree-
ing to install said improvmeents on a certain date .
(2) Said agreement shall be secured by a good and
sufficient bond or cash deposit , unless waived or otherwise
directed by the City Council.
(3) Said bond or cash deposit shall be in an amount
equal to the cost of improvements as estimated by the Director
of Public Works .
9730 .7 . ENCROACHING DOORS OR GATES . Every private garage ,
gate or portion of a main building used for garage purposes shall
be so equipped that the doors when open or being opened will not
project beyond any lot line and when said doors open onto an
alley, the wall or portion thereof containing said doors or door-
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ways shall be at least five (5) feet from the line forming the
common boundary between said lot and the alley.
9730 .8 . UNDERGROUND PUBLIC UTILITIES FACILITIES . All new
public and private utility lines and distribution facilities , in-
cluding but not limited to electric , communications, street light-
ing, and cable television lines , shall be installed underground,
except that surface-mounted transformers , pedestal-mounted termi-
nal boxes , meter cabinets , concealed ducts in an underground system
and other equipment appurtenant to underground facilities need
not be installed underground.
Further, this section shall not apply to main feeder lines
or transmission lines located within the public right of way of
an arterial highway as shown on the adopted Master Plan of Streets
and Highways .
9730 .9 . OVERHEAD INSTALLATION. ADMINISTRATIVE REVIEW AP-
PLICATION REQUIRED . An application for administrative review,
filed with the Board of Zoning Adjustments , for permission to
install overhead utilities and giving reasons therefor, may be
made in the following instances :
(a) Remodeling or altering of a building or structure .
(b ) Enlarging an existing use .
(c) Temporary uses, including directional signs , temporary
stands , construction poles , water pumps, and similar uses .
(d) The criteria for oil well services shall be as set out
in Section 9730 . 10 hereof.
(e) Any relocation of service on a lot when it does not
increase the number of existing overhead lines or utility poles .
(f) For any increase in service size if no additional
overhead lines or utility poles are required.
(g) For any new service when utility poles exist along abut-
ting property lines which are not separated by any alley or public
right of way and no additional utility poles are required .
(h) For any new service when utility poles existed on the
property prior to February 15 , 1967, and no additional utility
poles are required.
9730 .10 . GUIDELINES FOR APPROVAL OF ADMINISTRATIVE REVIEW
APPLICATIONS . The following guidelines shall be used by the
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Board of Zoning Adjustments in approving, conditionally approving
or denying applications for administrative review to install over-
head utilities :
(a) The age and anticipated life of the existing structure .
(b ) The ratio of the cost of underground utilities to the
cost of any remodeling or addition.
(c) The existing utility service in the area.
(d) The existing overhead utilities shall not be perpetuated
or expanded to the detriment of the aesthetics of the city .
(e) Such other factors as the Board of Zoning Adjustments
may deem pertinent to assist it in rendering a decision.
9730 .11. CONVERSION OF OVERHEAD UTILITIES . Any new overhead
service which is permitted by these provisions shall have installed
a service panel to facilitate conversion to underground utilities
at a future date .
9730 . 12 . UNDERGROUND TRENCHES . All underground utility
lines in residential developments which are installed on private
property shall be located along lot lines . However, the trench
for service lines may curve from the lot line to the building
at the nearest , most practical location.
This provision is intended to reduce conflicts which may
occur in future construction because of existing underground
utility lines .
9730 .13 . SCREENING OF ROOFTOP MECHANICAL FEATURES . All
rooftop mechanical features and appurtenances shall be invisible
from any public right of way.
9730 . 14 . MINOR ACCESSORY USES . Minor accessory structures
such as cabinets , sheds , pet shelters and children's playhouses
which are limited to a maximum of thirty-six (36 ) square feet of
floor area, fifty ( 50 ) square feet of roof area, and a maximum
height of six (6) feet shall be permitted in any district sub-
ject to approval of an administrative review application by the
Board of Zoning Adjustments , and compliance with the requirements
of this section. Such structures shall be exempt from the required
rear and side yard setbacks for detached accessory buildings , and
shall be located within the rear two-thirds ( 2/3) of the lot .
If said structures are located within the required side yard
setback for the dwelling, there shall be a minimum clear distance
of five (5) feet maintained between said structure and the dwelling
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to permit access to the rear yard.
9730 . 15 . AGRICULTURAL STANDS . Agricultural stands may
be permitted in any district as a temporary use, subject to ap-
proval of an administrative review application by the Board of
Zoning Adjustments , and compliance with the following require-
ments :
(a) Stands shall be located within the agricultural area
where the produce is grown.
(b ) Such temporary use shall be limited to the sale of pro-
duce grown on the parcel or on adjacent parcels under common
ownership or under lease by the applicant .
(c) Stands shall not be located closer than twenty (20 )
feet to the edge of the street pavement , and in no case shall
encroach on a public right of way .
(d) In the event additional right of way is needed or ad-
ditional improvements are installed, the applicant shall be re-
quired to relocate the structure at his expense , and in com-
pliance with all provisions of this section.
(e) Adequate off-street parking shall be provided. The
off-street parking area shall be oiled with 0 . 25 gallons of
Sc-70 per square yard . Such parking area shall be oiled when-
ever necessary to control weed growth.
(f) Prior to issuance of a business license or building per-
mit , a One Hundred Dollar ($100 ) cash bond shall be posted with
the Building Department to guarantee removal of temporary stands
upon termination of the use ; and to guarantee maintenance of the
property. Said bond shall be accompanied by a signed agreement
which shall allow the Building Department to enter upon the prem-
ises to remove the building or structure if it becomes a nuisance ,
a hazard or is in disrepair.
(g) Approval of an administrative review application shall
be limited to one (1) year unless otherwise stipulated by the
Board of Zoning Adjustments .
(h) Request for permission to erect a sign shall be in-
cluded with the application for administrative review, and any
changes to be made to such sign shall be subject to the approval
of the Board of Zoning Adjustments .
9730 . 16 . CHRISTMAS TREE SALES LOTS . Christmas tree sales
lots may be permitted in any district as a temporary use sub-
ject to approval of an administrative review application by the
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Board of Zoning Adjustments , and compliance with the following
requirements :
(a) Storage and display of trees shall be set back ten (10 )
feet from the edge of the street pavement , and in no case shall
encroach on the public right of way .
(b ) Said use shall be completely removed and the site re-
stored by January 3 of each year.
(c) Any temporary shelter shall be constructed according
to Building Department standards .
(d) All provisions of Title 19 of the Uniform Fire Code
shall be met .
(e) Adequate off-street parking facilities shall be pro-
vided.
(f) Prior to issuance of the business license , a One
Hundred Dollar ($100) cash bond shall be posted with the Build-
ing Department to insure removal of any structure upon termi-
nation of the temporary use , and to guarantee maintenance of the
property .
9730 .17 . TRAILER, TEMPORARY STRUCTURES OR CONSTRUCTION
OFFICES . Trailers or temporary structures may be used on con-
struction sites , provided the use is the same as the future use
of the building under construction, or is used as a construction
office .
(a) When a trailer is used for the same purpose as a build-
ing under construction, the permit shall be limited to six (6)
months subject to such reasonable conditions as may be imposed
by the Director of Building and Safety . After six months , the
applicant may request a continuation by written request to the
Board of Zoning Adjustments . Continued use of the trailer may
be granted for any specified period upon determination by the
Board that construction is proceeding without undue delay .
(b ) Adequate off-street parking facilities shall be pro-
vided.
(c) In no case shall a trailer or temporary structure or
construction office be allowed to remain on site following the
completion of construction.
(d) Prior to issuance of a business license or building
permit , a One Hundred Dollar ( $100) cash bond shall be posted
with the Building Department to guarantee removal of the trailer
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or temporary structure or construction office .
(e) The trailer or temporary structure or construction
office shall not be located closer than twenty ( 20 ) feet to
the edge of the street pavement , and in no case shall encroach
on a public right of way .
9730 . 18 . SUBDIVISION SALES OFFICES AND MODEL HOMES . Sub-
division sales offices and model homes in conjunction with a
subdivision may be permitted subject to the approval of an
administrative review application by the Board of Zoning Ad-
justments , and subject to the following requirements :
(a) The office use shall be discontinued within a thirty
( 30 ) day period following sale of the last on-site unit . A
cash or surety bond of One Thousand Dollars ( $1000) shall be
posted with the Building Department for the sales office and
for each model home to guarantee compliance with all provisions
of the Building and Planning Codes . Said model home sites shall
only serve as models for the tract specified in the administra-
tive review application.
(b ) The developer or contractor shall provide plot plans
indicating the placement of the sales office and all model signs ,
parking signs , directional signs , temporary structures , parking
and landscaping.
( c) The application may be reviewed by the Board of Zoning
Adjustments within one (1) year from the date such application is
approved by the Board, to insure compliance with city codes .
(d) In no case shall the sales office be converted or ex-
panded into a general business office for the contractor or de-
veloper.
9730 . 19 . PRIVATE GARAGES AND CARPORTS . RESIDENTIAL USES .
Private garages and carports required by applicable provisions
of this code shall be built concurrently with the main build-
ings to which such garages and carports are accessory .
9730 . 20 . USE PERMITS FOR MULTIPLE-FAMILY RESIDENCE. It
shall be unlawful to construct , erect or locate any apartment
project which extends more than one hundred fifty (150 ) feet
from a public street unless a plan for an on-site, public fire
hydrant system is submitted which meets the approval of the
Fire Department . An administrative review application for
such apartment project shall be submitted to the Board of Zon-
ing Adjustments .
9730 . 21. HOME OCCUPATIONS . CONDITIONS . Home occupations
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may be permitted in trailer parks , MH, Rl, R2 , R3 and R4 dis-
tricts provided the following conditions are met :
(a) The business shall be restricted to one room only in
the dwelling and all material, equipment or facilities shall
be kept therein.
(b ) No garage shall be used in connection with such
business except for parking of business vehicles .
(c) Only persons residing on the premises may be employed.
(d) There shall be no display of merchandise, projects ,
operations , signs , or nameplates of any kind visible from out-
side the dwelling.
(e) In no way shall the appearance of the dwelling be
altered or the operation of the business within the dwelling
be such that the dwelling may be reasonably recognized as
serving a nonresidential use , whether by colors , materials ,
construction, lighting, windows , signs , sounds , or any other
means.
(f) There shall be no storage of materials , supplies ,
equipment or products outside the one room of the dwelling
used for a home occupation.
(g) The occupation shall not be of a type which generates
pedestrian or vehicular traffic beyond that which is normal
to the particular neighborhood.
(h) The occupation shall not involve the use of com-
mercial vehicles for delivery of materials to or from the
premises .
(i) No marked commercial vehicle or equipment used in
conjunction with the occupation shall be parked overnight
on the street or within the front yard setback of the premises .
(j ) The occupation shall not create noise , odor, dust ,
vibration, fumes , or smoke readily discernible at the bound-
aries of the parcel on which it is situated, and shall not
create any disturbance which adversely affects electrical ap-
pliances located on adjacent properties .
(k) All provisions of the Uniform Fire Code shall be met .
Any violation of the above conditions or other conditions
for approval of a home occupation shall be cause for revocation
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of the authorization to conduct said occupation, and such op-
eration shall cease immediately .
9730 . 22 . HOME OCCUPATION APPLICATION. AFFIDAVIT REQUIRED.
At the time application is made to conduct a home occupation,
the applicant shall sign an affidavit that he understands all
the conditions of approval for the operation of such home oc-
cupation and will comply with such conditions .
Any authorized city employee may inspect at any reasonable
time the premises for which application has been made or per-
mission granted for a home occupation.
9730 . 23 . REVOCATION OF AUTHORIZATION. APPEAL. Autho-
rization to conduct a home occupation may extend from year to
year provided that there have been no complaints regarding the
conduct of such occupation. Upon receipt of a complaint , the
Board of Zoning Adjustments shall set a hearing, pursuant to
Section 9814, to review the application to determine whether
such occupation may continue . When any home occupation has been
conducted in violation of the conditions set out herein, the
Board of Zoning Adjustments may revoke its authorization to
conduct such home occupation and order immediate cessation
thereof.
The decision of the Board of Zoning Adjustments to revoke
its authorization shall be final unless appealed to the Plan-
ning Commission within ten (10 ) days .
9730 . 24 . COMMERCIAL, PROFESSIONAL AND INDUSTRIAL USES .
HOUSING OF GOODS . All goods , wares , merchandise , produce and
other commodities , except those being transported, which are
stored or offered for sale or exchange in the professional,
commercial, and industrial districts , shall be housed in per-
manent buildings except as otherwise provided by this code .
9730 . 25 . WALLS . PROFESSIONAL, COMMERCIAL, AND INDUSTRIAL
USES . Any property used for professional, commercial or in-
dustrial purposes having a common property line with property
zoned or used for residential purposes shall be separated by
a solid, six (6) inch thick masonry or concrete block wall .
(a) Height Limitation. The height of such walls shall
be a minimum of six M feet . Any proposal to exceed this
height shall require administrative review by the Board of
Zoning Adjustments .
(b ) Easement Separation. When such properties are sep-
arated by any easement or right of way less than fifty ( 50)
10 .
feet in width, a wall shall be constructed on the commercial,
industrial, or professional side of such easement or right of
way .
(c) Materials and Design. Where a wall is exposed to a
public area, particular attention shall be given to materials
and design of such wall, and such materials and design shall
be reviewed by the Board of Zoning Adjustments .
(d) Height Measurement . The height of said wall shall
be such that the top will be six (6) feet above the highest
ground surface that is within twenty (20 ) feet of a common
property line on the professional, commercial, or industrial
side of said wall . Measurement shall be taken at any given
point along said wall.
(e) Yard Requirement . All walls shall conform to the
yard requirements pertaining to fences, walls , and hedges of
the residential district which said professional, commercial
or industrial use abuts and the provisions of Section 9786 .
(f) Existing Walls . When such walls are already located
on the residential side of the common property line , physical
protection from vehicle damage shall be provided on the com-
mercial , industrial, or professional side of said walls by
one or more of the following methods :
(1 ) Pipe protectors .
(2 ) Wheels bumpers .
(3 ) Concrete curbs .
(4 ) Any other design or method acceptable to the Building
Department which will provide protection.
9730 . 26 . CERTIFICATE OF OCCUPANCY . The requirements
herein shall be satisfied prior to the issuance of a certificate
of occupancy for any professional, industrial or commercial use .
SECTION 3 . All provisions and sections in conflict with
this ordinance are hereby repealed; provided, however, that any
such repeal shall not affect or prevent the prosecution and
punishment of any person, firm or corporation for any act done
or committed prior to the effective date hereof in violation of
the provisions which are repealed hereby .
SECTION 4 . The provisions of this ordinance insofar as they
11.
are substantially the same as existing provisions of the Hunt-
ington Beach Ordinance Code relating to the same subject matter
shall be construed as restatements and continuations , and not as
new enactments .
SECTION 5 . This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach News , a weekly news-
paper of general circulation, printed and published in Huntington
Beach, California.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 20th
day of November, 1972 .
a12 1 11-4 &�
yor
ATTEST: APPROVED AS TO FORM:
i
ity erk City Att rQor
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Ord. N,o. 1786
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss :
CITY OF HUNTINGTON BEACH )
I , PAUL C. JONES, The duly elected, qualified, and
acting City Clerk of the City of Huntington Beach and- ex-
officio Clerk of the City Council of the said City, do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing
ordinance was read to said City Council at a regular
meeting thereof held on the 6th day of November
19 72 , and was again read to said City Council at a regular
meeting thereof held on the 20th day of November ,
19 72 , and was passed and adopted by the affirmative vote of
more than a majority of all the members of said City Council.
AYES: Councilmen:
Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and -officio Clerk
of the City Council of the City
i, PAUL C. JONES, CITY CLERK of the Clty cf of Huntington Beach, California
Huntington Beach and ex•officio Clerk of the City
Council, do hereby certify that this ordinance has
been p bblli_sh�ed�in the Huntington Beach News on
----------i-! ' ---- � 19.E ..
in accordance with the City Charter of said City.
PAUL C....,TQ�m..................•---------
�C'E '— City Clerk
Deputy City Clerk